Bill C-2

Strong Borders Act

An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures

Part 1 amends the Customs Act to provide the Canada Border Services Agency with facilities free of charge for carrying out any purpose related to the administration or enforcement of that Act and other Acts of Parliament and to provide officers of that Agency with access at certain locations to goods destined for export. It also includes transitional provisions.
Part 2 amends the Controlled Drugs and Substances Act to create a new temporary accelerated scheduling pathway that allows the Minister of Health to add precursor chemicals to Schedule V to that Act. It also makes related amendments to the Controlled Drugs and Substances Act (Police Enforcement) Regulations and the Precursor Control Regulations .
Part 3 amends the Controlled Drugs and Substances Act and the Cannabis Act to confirm that the Governor in Council may, on the recommendation of the Minister of Public Safety and Emergency Preparedness, make regulations exempting members of law enforcement from the application of any provision of the Criminal Code that creates drug-related inchoate offences when they are undertaking lawful investigations.
Part 4 amends the Canada Post Corporation Act to permit the demand, seizure, detention or retention of anything in the course of post only in accordance with an Act of Parliament. It also amends that Act to expand the Canada Post Corporation’s authority to open mail in certain circumstances to include the authority to open letters.
Part 5 amends the Oceans Act to provide that coast guard services include activities related to security and to authorize the responsible minister to collect, analyze and disclose information and intelligence.
Part 6 amends the Department of Citizenship and Immigration Act to authorize the Minister of Citizenship and Immigration to disclose, for certain purposes and subject to any regulations, personal information under the control of the Department within the Department and to certain other federal and provincial government entities.
It also amends the Immigration and Refugee Protection Act to authorize the making of regulations relating to the disclosure of information collected for the purposes of that Act to federal departments and agencies.
Part 7 amends the Immigration and Refugee Protection Act to, among other things,
(a) eliminate the designated countries of origin regime;
(b) authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection;
(c) authorize the Refugee Protection Division of the Immigration and Refugee Board to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been abandoned in certain circumstances;
(d) provide the Minister of Citizenship and Immigration with the power to determine that claims for refugee protection that have not yet been referred to the Refugee Protection Division have been withdrawn in certain circumstances;
(e) require the Refugee Protection Division and the Refugee Appeal Division to suspend certain proceedings respecting a claim for refugee protection if the claimant is not present in Canada;
(f) clarify that decisions of the Immigration and Refugee Board must be rendered, and reasons for those decisions must be given, in the manner specified by its Chairperson; and
(g) authorize regulations to be made setting out the circumstances in which the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness must designate, in relation to certain proceedings or applications, a representative for persons who are under 18 years of age or who are unable to appreciate the nature of the proceeding or application.
It also includes transitional provisions.
Part 8 amends the Immigration and Refugee Protection Act to, among other things,
(a) authorize the Governor in Council to make an order specifying that certain applications made under that Act are not to be accepted for processing, or that the processing of those applications is to be suspended or terminated, when the Governor in Council is of the opinion that it is in the public interest to do so;
(b) authorize the Governor in Council to make an order to cancel, suspend or vary certain documents issued under that Act, or to impose or vary conditions, when the Governor in Council is of the opinion that it is in the public interest to do so;
(c) for the application of an order referred to in paragraph (b), require a person to appear for an examination, answer questions truthfully and produce all relevant documents or evidence that an officer requires; and
(d) authorize the Governor in Council to make regulations prescribing circumstances in which a document issued under that Act can be cancelled, suspended or varied, and in which officers may terminate the processing of certain applications made under that Act.
Part 9 amends the Immigration and Refugee Protection Act to add two new grounds of ineligibility for claims for refugee protection as well as powers to make regulations respecting exceptions to those new grounds. It also includes a transitional provision respecting the retroactive application of those new grounds.
Part 10 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things,
(a) increase the maximum administrative monetary penalties that may be imposed for certain violations and the maximum punishments that may be imposed for certain criminal offences under that Act;
(b) replace the existing optional compliance agreement regime with a new mandatory compliance agreement regime that, among other things,
(i) requires every person or entity that receives an administrative monetary penalty for a prescribed violation to enter into a compliance agreement with the Financial Transactions and Reports Analysis Centre of Canada (the Centre),
(ii) requires the Director of the Centre to make a compliance order if the person or entity refuses to enter into a compliance agreement or fails to comply with such an agreement, and
(iii) designates the contravention of a compliance order as a new violation under that Act;
(c) require persons or entities referred to in section 5 of that Act, other than those already required to register, to enroll with the Centre; and
(d) authorize the Centre to disclose certain information to the Commissioner of Canada Elections, subject to certain conditions.
It also makes consequential and related amendments to other Acts and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations and includes transitional provisions.
Part 11 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to prohibit certain entities from accepting cash deposits from third parties and certain persons or entities from accepting cash payments, donations or deposits of $10,000 or more. It also makes a related amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations .
Part 12 amends the Office of the Superintendent of Financial Institutions Act to make the Director of the Financial Transactions and Reports Analysis Centre of Canada a member of the committee established under subsection 18(1) of that Act. It also amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to enable the Director to exchange information with the other members of that committee.
Part 13 amends the Sex Offender Information Registration Act to, among other things,
(a) make certain changes to a sex offender’s reporting obligations, including the circumstances in which they are required to report, the information that must be provided and the time within which it is to be provided;
(b) provide that any of a sex offender’s physical characteristics that may assist in their identification may be recorded when they report to a registration centre;
(c) clarify what may constitute a reasonable excuse for a sex offender’s non-compliance with the requirement to give at least 14 days’ notice prior to a departure from their residence for seven or more consecutive days;
(d) authorize the Canada Border Services Agency to disclose certain information relating to a sex offender’s arrival in and departure from Canada to law enforcement agencies for the purposes of the administration and enforcement of that Act;
(e) authorize, in certain circumstances, the disclosure of information collected under that Act if there are reasonable grounds to believe that it will assist in the prevention or investigation of a crime of a sexual nature; and
(f) clarify that a person who discloses information under section 16 of that Act with the belief that they are acting in accordance with that section is not guilty of an offence under section 17 of that Act.
It also makes a related amendment to the Customs Act .
Part 14 amends various Acts to modernize certain provisions respecting the timely gathering and production of data and information during an investigation. It, among other things,
(a) amends the Criminal Code to, among other things,
(i) facilitate access to basic information that will assist in the investigation of federal offences through an information demand or a judicial production order to persons who provide services to the public,
(ii) clarify the response time for production orders and the ability of peace officers and public officers to receive and act on certain information that is voluntarily provided to them and on certain information that is publicly available,
(iii) specify certain circumstances in which peace officers and public officers may obtain evidence, including subscriber information, in exigent circumstances,
(iv) allow a justice or judge to authorize, in a warrant, a peace officer or public officer to obtain tracking data or transmission data that relates to any thing that is similar to a thing in relation to which data is authorized to be obtained under the warrant and that is unknown at the time the warrant is issued,
(v) provide and clarify authorities by which computer data may be examined, and
(vi) allow a justice or judge to authorize a peace officer or public officer to make a request to a foreign entity that provides telecommunications services to the public to produce transmission data or subscriber information that is in its possession or control;
(b) makes a consequential amendment to the Foreign Publishers Advertising Services Act ;
(c) amends the Mutual Legal Assistance in Criminal Matters Act to allow the Minister of Justice to authorize a competent authority to make arrangements for the enforcement of a decision made by an authority of a state or entity that is empowered to compel the production of transmission data or subscriber information that is in the possession or control of a person in Canada;
(d) amends the Canadian Security Intelligence Service Act to, among other things,
(i) facilitate access to basic information that will assist the Canadian Security Intelligence Service in the performance of its duties and functions under section 12 or 16 of that Act through information demands given to persons or entities that provide services to the public and judicial information orders against such persons and entities, and
(ii) clarify the response time for production orders; and
(e) amends the Controlled Drugs and Substances Act and the Cannabis Act to provide and clarify authorities by which computer data may be examined.
Part 15 enacts the Supporting Authorized Access to Information Act . That Act establishes a framework for ensuring that electronic service providers can facilitate the exercise, by authorized persons, of authorities to access information conferred under the Criminal Code or the Canadian Security Intelligence Service Act .
Part 16 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to permit a person or entity referred to in section 5 of that Act to collect and use an individual’s personal information without that individual’s knowledge or consent if
(a) the information is disclosed to the person or entity by a government department, institution or agency or law enforcement agency; and
(b) the collection and use are for the purposes of detecting or deterring money laundering, terrorist activity financing or sanctions evasion or for a consistent purpose.
It also makes related amendments to the Personal Information Protection and Electronic Documents Act .

Strong Borders Act

[Rhonda Kirkland, Conservative, Oshawa, ON]

Mr. Speaker, I wonder if the member could indicate something to this side of the House. We spoke to many police associations over the summer, and they indicated that the number one issue they are facing in terms of crime and safety with the current reformed bail we have is that it needs to be reformed so that repeat offenders are kept behind bars.

Can the member indicate why none of this was added to this particular bill?

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Mr. Speaker, the Conservative Party claims that Bill C‑2 threatens national security and access to asylum. However Bill C‑2 strengthens border security and makes cargo inspections more efficient. It makes it possible to intercept drugs, weapons and stolen vehicles. It also expedites the processing of asylum claims and ensures humane access to risk assessment. It respects the Canadian Charter of Rights and Freedoms and protects Canadians' privacy.

[Sima Acan, Liberal, Oakville West, ON]

Mr. Speaker, like all colleagues, we were busy this summer, visiting our local law enforcement. I had multiple meetings with the police chief, deputy chief and officers, and one common thing that I heard from them was that they were in favour of the bill. I would like to ask my hon. colleague this: Could he please explain the importance of the bill to all Canadians?

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Mr. Speaker, it is very clear: Bill C‑2 will strengthen our borders by allowing officers to conduct more effective inspections of goods, drugs, weapons and stolen vehicles. The Canadian Coast Guard has a clear mandate to protect our waters. In Laval, these measures will help recover stolen vehicles and make our neighbourhoods safer.

We listened to Canadians, as my colleague has done, to find out what they need and what they want us to do to better protect our borders. This is exactly what we are doing. We are taking action.

[Greg McLean, Conservative, Calgary Centre, AB]

Mr. Speaker, I appreciate what is in the bill and how it would actually move things forward as far as safety goes, particularly on the border. I hear from my colleagues on the other side that they listened to police officers over the summer.

My question is this: What took you so long? All of these things make so much sense. Were you not listening for the past 10 years, or four years in particular? What took you so long to get to what are the most commonsensical security changes we need to make in Canada?

[The Deputy Speaker, Tom Kmiec]

Before giving the floor to the hon. member for Alfred‑Pellan, I would like to remind members that they must address other members through the Chair.

The hon. member for Alfred‑Pellan.

[Angelo Iacono, Liberal, Alfred-Pellan, QC]

Mr. Speaker, it is funny to hear this question from my opposition colleague. He should perhaps reflect on what his party has done during its 10 years in government.

This problem is not something that popped up this morning or yesterday. It has been going on for a long time. The Conservatives failed to act on this matter when they were in government 10 years ago. They did not do very much. This is why we have to deal with this problem today.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, on behalf of the great people of Barrie—Springwater—Oro-Medonte, I am pleased to rise today to speak to this important piece of legislation.

Since this is my first full speech in the 45th Parliament, I would be a little remiss if I did not take a moment to thank a few people who helped send me back here. First of all, I would like to mention my EDA president and sign guru, Shawn Scott. A few of my key campaign team members were Erin, also referred to as “Peaches”, the other Errin, Lauren, Harry, Sharbell, Hale and, of course, Kelly, who held the fort. Many other volunteers and supporters also helped with this. It takes an army, as everybody on all sides knows, to get a successful campaign done.

I would also like to thank my family: my wife, Lisa, for always supporting me; my son, Wyatt, and his girlfriend, Grayson; my other son, Luke; and, just to get some brownie points from my wife, I would also like to mention my dog, Ollie, for always posing for pictures on all the brochures and winning everyone's hearts. I am sure my wife will be very happy to hear that part; I think the dog is a little higher on the pecking order at home than I am.

Conservatives have been calling on the Liberal government to introduce many of these measures for years. Under the Liberal government, Canada has turned a blind eye to enforcement on illegal migration, gun trafficking, money laundering and the cross-border trafficking of fentanyl. Unfortunately, the Liberals felt inclined to make real progress on these issues only when they were called out and threatened with tariffs by the United States. They scrambled, and we must ask ourselves why it took so long to act.

Conservatives believe in protecting Canadians from transnational crime, illegal trafficking and abuse of our immigration system, but Bill C-2 contains many troubling provisions related to privacy and civil liberties of Canadians that will be difficult to support without significant amendments. Bill C-2 is a sweeping omnibus bill into which the Liberal government decided to throw a laundry list of measures that are completely unrelated to border security and immigration reform.

I will discuss three main issues touched upon in Bill C-2 that the Liberal government has allowed to spiral out of control: fentanyl, our immigration system and border security.

Let us begin with the fentanyl crisis. Canada faces an opioid crisis that has claimed the lives of more than 50,000 Canadians since 2016. This is a national crisis that has wreaked havoc on our communities in our cities, in our towns and in rural Canada from coast to coast.

Many members must wonder how the Liberal government has responded to this crisis. The Liberal government introduced Bill C-5. This disastrous bill eliminated mandatory prison time for drug traffickers, drug producers and drug importers. Many of the people responsible for killing over 50,000 people and causing unbelievable mayhem and destruction in our communities no longer have mandatory prison times. It has been repeated over and over again, even by Liberals themselves, that Bill C-5's specific goal was for fewer people to go to prison.

As a result of legislation like this, we see that people involved in this deadly fentanyl trade are getting back out on the streets more quickly than ever. It is extremely disappointing to see that there are no new sentencing provisions included in this massive omnibus bill. Individuals who threaten our communities will continue to walk free because of Bill C-5, even if the current bill is passed.

I will remind the members of the House that, in December, Conservatives put forward an opposition day motion calling for many measures related to fentanyl trafficking. Our motion called on the Liberal government to reverse Bill C-5, reinstate longer sentences for drug kingpins, ban the importation of fentanyl precursors, buy high-powered scanners, put more boots on the ground at the ports and stop buying unsafe supply of opioids. Shockingly, the Liberal government, the Bloc and the NDP all voted against this motion.

Now I will turn to our immigration system and border security, issues that the Liberal government has quickly allowed to spiral out of control during its past decade in power. The Prime Minister promised to fix our broken immigration system and broken borders, but recently released numbers show that he has blown past his immigration targets, with some on track to be the highest on record. He supports the same out-of-control Liberal immigration policies that delivered a triple-header crisis in housing, health care and youth unemployment. Conservatives believe we must reduce the numbers so that health care, housing and job creation can catch up.

The Canadian public deserves a trustworthy immigration system that operates in the national interest. We used to have the best immigration system in the world, and we were the envy of all other nations.

Our immigration system must put Canada first. That means inviting the right people in the right numbers to absorb them into housing, health care and jobs. It means having a system that allows newcomers to succeed as part of the Canadian family. It also means restoring the value of citizenship so that everyone who calls our country home, regardless of where they came from, is Canadian above all else. We must also end the abuse of the temporary foreign worker program and the international student program and end fraudulent refugee claims.

With respect to border security, Conservatives will support any measure that invests in our border and provides greater resources to CBSA personnel to prevent the flow of illegal guns, drugs and other listed goods over our border and into Canada. Conservatives are committed to strengthening Canada's border security through practical effective measures. We support deploying thousands of additional border agents, expanding the operational reach of the Canada Border Services Agency across the entire border and installing advanced surveillance towers to monitor high-risk areas. We also advocate for the use of high-powered scanners at land crossings and shipping ports to detect illicit drugs, firearms and stolen vehicles. These tools are essential in disrupting organized crime and protecting Canadian communities.

Above all, we stand firmly behind the dedicated men and women serving on the front lines of our border. These professionals are often under-resourced, but they work tirelessly to safeguard our country. Their efforts in intercepting dangerous substances and weapons are critical to national security, and they deserve our full support and sincere gratitude.

Now I would like to touch briefly upon how the Liberal government's soft-on-crime agenda is having an impact on my own community. After 10 years under the Liberal government, I walk around the downtown core of my riding and do not recognize it. Ten years ago, my community did not have tent encampments, and it did not have widespread homelessness; it did not have individuals smoking and shooting up illegal drugs on sidewalks and in children's playgrounds. Lawlessness has become the norm in my community and in cities across Canada. The sad part is that our young people think this is normal. They think this is the way Canada has always been. To young people across Canada, I say that it was not like this before the Liberal government came into power; it will not be like this once it is gone.

In the city of Barrie, Mayor Alex Nuttall was recently forced to declare a state of emergency to address the growing number and size of encampments, which pose significant risks to the community, our first responders and the individuals living in these encampments. Our first responders and community organizations are stretched thin by the scale of disorder caused by the encampments. Children are exposed to open drug use and must navigate dangerous areas on their way to school. Small businesses and local retailers face ongoing challenges related to vandalism, theft, loitering and public intoxication. It is clear that this is a symptom of the Liberal government's reckless experiment of flooding our streets with taxpayer-funded hard drugs. Our once-safe neighbourhoods are now plagued by crime, chaos, death and disorder.

The justice minister recently tweeted, “This isn't the Wild West.” I would like him to say that to residents in downtown Barrie. A resident recently wrote a letter to my office to express his concern, stating, “This situation is unacceptable. My children should be able to walk safely down the street without encountering garbage, needles, makeshift encampments or open drug use. Allowing this to continue is a failure of leadership and a betrayal of the residents who work hard to maintain their homes, pay their taxes and raise their families here. A clear line must be drawn. People cannot simply set up tents wherever they choose, and open drug use cannot be ignored. This is not only a public health and safety crisis but also a direct threat to law and order. By tolerating it, we send the message that community standards and laws no longer matter.”

At the federal level, the Liberal government must face reality and take immediate action to protect Canadians. The Conservatives are calling on the Liberal government to amend the Criminal Code to include a much-needed stand-on-guard principle, fix Canada's broken bail system, reverse the reckless drug policy and repeal soft-on-crime legislation so that dangerous criminals receive jail time, not bail.

To conclude, I would like to reiterate that Conservatives are supportive of some measures in Bill C-2. However, we are deeply concerned about others. I am extremely concerned that there are no new sentencing provisions, there are no new mandatory jail sentencing provisions, there are no mandatory jail terms for fentanyl traffickers who terrorize our communities and there are no new mandatory jail terms for criminals who terrorize our communities with guns. This is the reality of Canada. Criminals, including those charged with trafficking fentanyl, smuggling firearms or committing violent assaults, are being routinely released on bail, often within hours. The bill would not address that reality in any way, shape or form. Conservatives believe that Canadians deserve to feel safe in their homes, in their streets and in their communities.

As of today, Bill C-2 is a bad bill. In its current form, it will be difficult for Conservatives to support the bill. What is the solution? We recommend that Liberals copy our ideas. Our leader has said time and time again, “Please use our ideas.”

Conservatives have brought forward serious proposals in the form of private members' bills and otherwise to fix our broken—

[The Deputy Speaker, Tom Kmiec]

The member's time has elapsed.

Questions and comments, the hon. member for Hamilton West—Ancaster—Dundas.

[John-Paul Danko, Liberal, Hamilton West—Ancaster—Dundas, ON]

Mr. Speaker, congratulations to the member opposite on his first speech in the House of Commons.

It is good to hear that the Conservatives and the Liberal Party largely agree on the need to be tougher on crime to secure our border, in particular by securing the border against illegal drugs and guns. However, it is also fascinating that the Conservatives want to position themselves to be tough on crime at the same time that their freedom convoy friends are inventing all kinds of conspiracy theories about this bill.

Will the Conservatives listen to the needs of Canada and Canadian residents or to Pierre Poilievre's freedom convoy friends—

[The Deputy Speaker, Tom Kmiec]

I have to interrupt the member. You cannot use the name of the leader of the official opposition. There has been a change. There was a by-election, and that name can no longer be used in the House.

The member was coming to his conclusion. I think the substance of the question has been asked.

The hon. member for Barrie—Springwater—Oro-Medonte.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, that was an interesting question from across the aisle. I did have many quotes in mind of what I have been hearing back in my community. It is chaos back home.

He wants to talk about conspiracy theories. These are not conspiracy theories; these are facts. Total violent crime is up 49.84%; total homicides are up 27.75%; total sexual assaults are up 74.83%; total violent firearms offences are up 116.4%; extortion is up 357%; auto theft is up 45%; total sexual violations against children are up 118%; forcible confinement and kidnapping is up 10%, indecent harassing communications are up 86%; and trafficking in persons is up 83%.

This is from 2015 to 2023. I can keep going on with this list. Maybe they will ask me another question and I can continue with my list.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot—Acton, QC]

Mr. Speaker, I too want to congratulate our colleague on his first speech and his very first election. I welcome him to the House.

We have come to expect magic formulas from the Liberal government, even if the magic amounts to nothing more than window dressing and smokescreens instead of real results. I am curious, I truly wonder how the border can be strengthened and how new means and capacities can be provided in a context where there is a shortfall of 3,000 officers and no sign of hiring any time soon.

What are we actually talking about here?

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Mr. Speaker, when I was at the public safety committee the last time, we discussed this issue in great detail. I would like to go over some of the issues or some of the concerns that Conservatives had. We have been consistent in trying to make our borders stronger. We have been calling for this for years. It was only when the President of the United States called on us to take action that we actually did. When Conservatives called for action, there was no action.

Conservatives have called for the addition of thousands of border agents; the extension of CBSA powers along the entire border, not just crossings; the installation of border surveillance towers as well as truck-mounted drone systems to spot border incursions; the installation of high-powered scanners at all major land crossings and shipping ports; the tracking of departures so that government officials will know which deportees are in Canada illegally; the toughening of penalties for repeat violent offenders; the ending of catch-and-release bail and of house arrest for violent criminals; and the elimination of multiple murder discounting in sentencing.

Those were just a few. I will wait for my next question.

[Frank Caputo, Conservative, Kamloops—Thompson—Nicola, BC]

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Nicola.

I have a question for my colleague, but I would be remiss if I did not respond to a previous question by a Liberal member about conspiracy theories.

When Conservatives actually put forward a bill that tried to respond to many of the issues that this bill responds to, we were mocked by the Liberals. Back then, it was okay for us to try to do this and for the Liberals to say it was not okay. They have gone, in my view, much further, and are they now saying that we are putting forward conspiracy theories? It just does not equate. We cannot make this stuff up. This is the type of thing that makes me think the Liberals are tripping over their own agenda.

My colleague talked about an emergency order by the mayor of his city. How does it feel to live in a city that is under such an order?